Realizing Utopia

The Future of International Law

Edited by The Late Antonio Cassese

Provides imaginative and innovative solutions to many of the problems facing the international community, including terrorism, self-determination, and genetic manipulation

Looks ahead to the future of international law and its various sub-areas, and proposes ways in which it can improve its relevance and reach

Features chapters by many of the world's greatest international lawyers, including Martti Koskenniemi, Michael Reisman, Joseph Weiler, and Antonio Cassese himself

Realizing Utopia

The Future of International Law

Edited by The Late Antonio Cassese

Description

Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world.

As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.

Realizing Utopia

The Future of International Law

Edited by The Late Antonio Cassese

Table of Contents

1. Introduction, Antonio CasseseI. Can the World become a Global Community? 2. The project of a world community, Martti Koskenniemi3. Is the Leviathan still holding sway over the international society?, Luigi Condorelli and Antonio Cassese4. State Sovereignty, Jose Alvarez5. The United Nations, Philip Alston6. The Security Council, Bardo Fassbender7. International actors other that States, Nehal Bhuta8. International civil society, Mauro Palma9. Universal values v. bilateralism and reciprocity, Andreas Paulus10. Effectiveness v. universal values, Savatore Zappala11. Towards constitutionalising the world community?, Anne Peters12. Towards a global community of human rights?, Antonio CasseseII. WhatRole for Law-Making? 13. Customary law, Luigi Condorelli14. Jus cogens, Antonio Cassese15. New modalities of law-making, Alan BoyleIII. Can International Legal Imperatives be More Effectively brought into Effect? (A) The Interplay of International and National Law 16. Bolstering the implementation of international rules in domestic systems, Yuval Shany17. Towards a "moderate monism": could international rules eventually acquire the force to invalidate inconsistent national laws?, Antonio Cassese(B) Mechanisms for Inducing States' Compliance 18. Making state responsibility work, Pierre-Marie Dupuy19. Immunity of states and state officials: a major stumbling-block to judicial scrutiny?, Paola Gaeta(C) The Role of JudicialBodies 20. The International Court of Justice: it is high time to restyle the respected old lady, Antonio Cassese21. The International Criminal Court at a crossroads, William Schabas22. The regional courts on human rights, Malcolm Evans23. The judicial protection of foreign investment, Michael Reisman24. The proliferation on international courts and their coordination, Mohammed Bennouna25. The role of state courts, Massimo Jovane(D) Supervision and Fact-Finding as Alternatives to Judicial Review 26. How to ensure increased compliance with international standards: monitoring and institutional fact-finding, Antonio Cassese27. Inspection of nuclear facilities, L. Rockwood28. Overseeing compliance with human rights, Andrew Clapham29. Monitoring compliance with standards for the protection of the environment, Jorge Vinuales4. Old and New Categories of Lawful Use of Force 30. Self-defence, Philippe Sands31. Humanitarian use of force, Christian Tams5. Global Problems That are Badly in Need of Substantive Legal Regulation 32. Self-determination of peoples: is it still alive, Abdulqawi Ahmed Yusuf33. The question of development, Emmanuelle Jouannet34. WTO and world trade, Joseph H.H. Weiler35. Regulating international financial problems, Robert Howse36. Environment, Francesco Francioni37. Terrorism, Bibi van Ginkel38. Human rights and genetic manipulation, Souhail El-Zein39. The use of cyberspace, Andrew Murray6. Restraining Armed Violencein International and Internal Armed Conflicts 40. Protection of civilians in armed conflicts, Nils Melzer41. Should rebels be treated as criminals?, Antonio Cassese42. Internal armed conflicts, Sandesh Sivakumaran43. Belligerent occupation, Orna Ben Naftali44. Modern means of warfare, Natalino Ronzitti45. Towards compensation of civilians for gross breaches of international law on methods and means of warfare, Giulia Pinzauti7. The Role of Criminal and Civil Justice 46. International criminal justice, Jerome de Hemptinne47. The expansion of national criminal jurisdiction over international crimes, Paola Gaeta48. Civil redress for international wrongs, Jaykumar A. Menon8. Recapitulation and Conclusion 49. Recapitulation and Conclusion, Antonio Cassese

Realizing Utopia

The Future of International Law

Edited by The Late Antonio Cassese

Author Information

The Late Antonio Cassese was Professor of International Law at the University of Florence until 2008. He is a member of the Institut de Droit International, and former President of the Council of EuropeCommittee for the Prevention of Torture. He was the first President of the International CriminalTribunal for the former Yugoslavia (ICTY), serving in this capacity from 1993 to 1997 and thenas the presiding judge of trial chambers until 2000. In October 2004, Cassese was appointed byUnited Nations Secretary-General Kofi Annan to be the Chairperson of the UN InternationalCommission of Enquiry into Violations of Human Rights and Humanitarian Law in Darfur. In2006 the United Nations Secretary-General appointed him as an independent expert tasked toreview the judicial efficiency of the Special Court of Sierra Leone. In March 2009 Cassese wasappointed by United Nations as judge for the Special Tribunal for Lebanon (STL) where he waselected President of the Tribunal.

Realizing Utopia

The Future of International Law

Edited by The Late Antonio Cassese

Reviews and Awards

"Realizing Utopia is a fitting memorial to Cassese. He and the other authors present a clear vision of a utopian international legal order that does full justice to the ideals and values that Cassese sought to implement in his writings and judicial decisions. This book restores idealism to a central place in the debate about the future of international law. It is essential reading for all concerned about the direction that international law will take in the twenty-first century." -- John Dugard, The American Journal of International Law